January 2002

Lawyers' Fund for Client Protection

The Lawyers' Fund for Client Protection Committee meets quarterly to review applications for gifts from the fund. The committee is authorized to make gifts of up to $10,000 to qualified applicants. On applications over $10,000, the committee makes recommendations to the Board of Governors, who are the fund's trustees. At a committee meeting on November 19, 2001, the following action was taken:

Grosvenor Anschell (WSBA No. 9756, Bellevue; suspended) — The applicant had filed a petition for asylum with the Immigration and Naturalization Service (INS) in Los Angeles. While the petition was pending, he married and moved to Seattle with his wife and two teenaged sons. He hired Anschell to represent him on his petition, and to file a "relative's petition" on behalf of his wife.

Anschell failed to appear for the asylum hearing. He told the applicant that he would file an appeal. Shortly thereafter, the applicant was arrested at work by the INS. The applicant then discovered that Anschell had not filed a notice of appeal nor a petition on behalf of the applicant's wife. Anschell never returned the unearned fees to the applicant. The committee gave the applicant $1,200.

Clayton C. Cochran (WSBA No. 23102, Vancouver; disbarred) — Last year, the committee approved 14 applications concerning Cochran. Most of the applications were for failure to return unearned fees when Cochran abandoned his law practice. At this meeting, the committee reviewed two similar applications, and made gifts of $900 and $1,010.

John Hess (WSBA No. 22308, Renton; disbarred) — The committee reviewed 12 applications concerning Hess; nine of them involved failure to return unearned fees when Hess abandoned his practice. In those cases, the committee approved gifts ranging from $700 to $3,000, totaling $14,759. In addition, in two cases Hess failed to account for funds in trust in the amounts of $3,244 and $4,437, which the committee awarded to the applicants. One additional application was denied as a claim for malpractice not compensable from the fund.

Zachary A. Kinneman (WSBA No. 19443, Lakewood; disbarred) — The committee approved two gifts regarding Kinneman last year. In this case, the applicant hired Kinneman to represent him in a dispute with a contractor. After sending the applicant a draft summons and complaint, Kinneman disappeared without returning the unearned fees. The committee gave the applicant $250.

Sally J. Murray (WSBA No. 24851, Edmonds; disbarred) — The committee approved three gifts regarding Murray last year. In this case, the applicant hired Murray to represent him in a dispute with an auto-repair shop; Murray initially assigned the case to her associate. After the associate left the firm, Murray said she would handle the case, but did nothing further. After she was suspended from practice, she failed to return the applicant's unearned fees. The committee gave the applicant $1,300.

Brad A. Plumb (WSBA No. 20337, Spokane; disbarred) — The committee previously approved two applications concerning Plumb. In this case, Plumb was hired to represent the applicant in a dispute with a contractor. He wrote one letter demanding a refund of fees from the contractor. He took no further action, and after he was suspended from practice, he failed to return the applicant's unearned fees. The committee gave the applicant $2,500.

Daniel S. Wilner (WSBA No. 21690, Belfair; disbarred) — The committee previously approved 15 applications concerning Wilner, but denied this application as a fee dispute. The applicant supplied additional evidence showing that one payment to Wilner of $1,500 was specifically designated to pay costs of a deposition that was never taken. Wilner never returned the advanced costs. The committee gave the applicant $1,500.

In addition, the committee denied one application because there was no evidence of a dishonest taking of funds by the lawyer. The committee also reviewed employment of a lawyer on a contingent-fee basis to seek recovery of restitution owed to the fund, and discussed fund publicity with WSBA Director of Communications Judith Berrett.